USCIS updates asylum, I-94, and TPS fee rules under H.R.1
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This rule puts new USCIS immigration fees and deadlines into regulation. It adds a fee for certain Form I-102 requests tied to Form I-94 records, confirms that the asylum filing fee is kept if Form I-589 is rejected, and sets a 30-day payment rule for the annual asylum fee. It also limits TPS-based work authorization to one year or less if the TPS designation ends sooner. The practical effect is stricter cost and timing compliance for asylum seekers, people seeking or replacing I-94 records, and employers relying on TPS work authorization. Missed asylum fee payments can now cause a pending asylum case to be rejected, and that can also end related work authorization.
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Key Changes
- Adds a new fee for certain Form I-102 filings tied to Form I-94 requests, with limited exceptions.
- Requires asylum applicants to pay the annual asylum fee within 30 days after notice or risk rejection of the pending asylum case.
- Keeps the asylum filing fee when Form I-589 is rejected and limits TPS-based work authorization to one year or the remaining TPS period, whichever is shorter.
Obligations
What this law requires
Applicants submitting Form I-102 requests for a Form I-94 Arrival/Departure Record must pay the applicable Form I-94 fee at the time of the request, in addition to any other required fee; the fee cannot be waived or reduced.
Asylum applicants must pay the Annual Asylum Fee within 30 days after receiving notice of the fee; failure to pay within that period results in rejection of the pending asylum application and denial of any associated employment authorization application.
USCIS must retain the asylum application filing fee when a Form I-589 asylum application is rejected; the fee is not refundable.
Employment authorization granted on the basis of Temporary Protected Status must be limited to one year or, if the TPS designation ends sooner, to the remaining period of the designation.
Employers relying on TPS-based work authorization must verify that the employment authorization document is valid for no longer than one year or the remaining TPS designation period, whichever is shorter.